A/HRC/9/14
page 6
8.
A solution to the above challenges is essential for the functioning of a modern State and
are appropriate yardsticks for measuring how far the recent successive Governments of Burundi,
beginning with the two transitional Governments up to the current administration, have moved
towards creating the necessary conditions for the establishment of an environment in which
human rights can be enjoyed.
New constitutional order
9.
At the time of the appointment of the independent expert, the country had no constitution
that addressed the historical injustices that had precipitated the ethnic conflicts which
had engulfed the country since 1994. The conflict resulted in the death of approximately
300,000 people before it was finally brought to an end by the Arusha Peace Agreement, which
created a new constitutional dispensation for Burundi. The new Constitution was submitted to
the population for its consideration in 2005 through a referendum. In a rare show of solidarity in
Burundi, the new Constitution received a resounding endorsement by the people and set the stage
for the first democratic elections since 1993.
Democratic elections
10. The elections, which were overseen by a newly created independent electoral commission
and were won by CNDD-FDD, were hailed by most observers as reflecting the will of Burundian
people. They resulted in the elections of new members of the National Assembly, the Senate and
the President, local administrations and the establishment of the current administration.
New national army
11. The civil war had produced two rival armies that needed to be moulded into a national
army if the peace that had resulted in the creation of new State institutions was to be
consolidated. The integration of these two mutually distrusting forces into a national army was
seen as one of the most challenging tasks for the leadership of the country. Many, if not most
observers gave little chance to the successful achievement of the goal of a national army within
the time that it has taken for it to be achieved. Three years later, the Burundian army has a
national outlook within the framework of the Arusha Agreement, which in this respect gives the
two ethnic communities equal representation in the forces.
New national police force
12. As was the case with the military, the two rival armies had their own police forces that had
to be nationalized. This has now been achieved and Burundi now has a police force that is
integrated and consistent with the Arusha Agreement.
Demobilization
13. The demobilization of former combatants in the rebel forces was a matter of great concern
to both the Government of Burundi and the international community, particularly when
considering that there were, and still are, few opportunities for employment. A programme
funded by the World Bank to enable demobilized combatants to return to civilian life succeeded
in at least temporarily addressing the problem.
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